Badri Son Of Shri Balu vs Nirmala Devi Daughter Of Shri ...
2022 Latest Caselaw 3787 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 6546/2022

Badri Son Of Shri Balu, Resident Of Kekri, District - Ajmer.
                                               ----Petitioner-Judgment debtor
                                       Versus
1.         Nirmala Devi Daughter Of Shri Milapchand, Resident Of
           Kekri, District - Ajmer.
2.         Saroj Devi Daughter Of Shri Milapchand, Resident Of
           Kekri, District - Ajmer.
3.         Kamal Son Of Shri Milapchand Jain, Resident Of Kekri,
           District - Ajmer.
4.         Vimal Son Of Shri Milapchand Jain, Resident Of Kekri,
           District - Ajmer.
                                                    Respondents-Decree Holder

5. Ramlal Son Of Shri Balu, Resident Of Kekri, District -

Ajmer.

6. Rampal Son Of Shri Balu, Resident Of Kekri, District -

Ajmer.

7. Sumitra Wife Of Shri Badri, Resident Of Kekri, District -

Ajmer.

8. Geeta Wife Of Shri Ramlal Jat, Resident Of Kekri, District

- Ajmer.

----Proforma Respondents-Judgment debtor

For Petitioner(s) : Mr. Vijayant Nirwan For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

12/05/2022

The unsuccessful judgment-debtor has preferred this writ

petition against the order dated 12.04.2022 whereby, an

application under Section 10 CPC for staying the execution

(2 of 3) [CW-6546/2022]

proceedings, has been dismissed by the learned Civil Judge, Kekri,

District Ajmer.

The facts in brief are that in an execution petition arising out

of the decree dated 07.12.2016 passed by the learned Civil Judge,

Kekri in Civil Suit No.88/2011 filed by the respondents-decree

holder for mandatory and permanent injunction, the judgment-

debtor moved an application under Section 10 CPC stating therein

that another execution petition No.2/2006 is pending between the

same parties for execution of the decree dated 09.12.2005 passed

by the Court of learned Additional District Judge, Kekri, District

Ajmer in Civil Suit No.25/2004 filed by the respondents No.3 & 4

against him and hence, the instant execution proceeding be

stayed. The application has been dismissed by the learned

Executing Court vide order dated 12.04.2022, which is subject-

matter of execution.

Learned counsel for the petitioner contended that since the

subject-matter of execution in both the decrees is common, the

learned Executing Court erred in dismissing the application.

Heard. Considered.

The learned Executing Court has dismissed the application

filed by the petitioner under Section 10 CPC on the premise that

both the execution petitions arise out of decree passed by the

competent Court under proceedings of altogether different nature.

The execution petition No.2/2006 arises out of a decree dated

09.12.2005 for recovery of the amount advanced by the

respondents No.3 & 4 under an agreement to sell to the

petitioner; whereas, the instant execution petition arises out of a

decree for mandatory and permanent injunction granted in favour

of the respondents No.1 to 4. Merely because the subject matter

(3 of 3) [CW-6546/2022]

of execution is common, provision of Section 10 CPC are not

attracted. Learned counsel for the petitioner could not satisfy that

the order dated 12.04.2022 suffers from any patent jurisdictional

error or perversity warranting interference of this Court under its

supervisory jurisdiction.

The writ petition is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

Manish/76

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